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A case of innovative parliamentary oversight? Faroese and Greenlandic MPs in the Danish Parliament 

By Mette Marie Staehr Harder and Hallbera West

Controlling the government is a key task of any democratic country’s parliament. One widely used legislative control tool is parliamentary questions which are typically used by members of the opposition. In the Faroe Islands and Greenland, as in most parliamentary settings, members of the national parliaments; the Løgting and Inatsisartut, may pose questions to their national government, thus controlling their government. However, more atypically, the two Faroese MPs as well as the two Greenlandic MPs who are elected to the Danish parliament, the Folketing have an alternative arena for control of their government at home. Hence, in theory, these four North Atlantic members of the Danish Folketing may also pose parliamentary questions to the Danish government concerning the actions or inactions of their home-rule government. If applied this way, the Folketing could act as an alternative arena for control of the national periphery government, and we would be witnessing an example of what we term cross-parliamentary control. 

Questions and Data

Thus far, this type of control in which representatives use the control tool of another country’s parliament to control their home government has not yet been an issue of much attention in the legislative literature. Yet, as the influence of national parliaments vs. governments is challenged due to processes of globalization, international collaboration, and specialization of the executive branch among others, the need to understand parliamentary control and thus the quality of democracy through unorthodox perspectives of multilevel governance grows increasingly important. Therefore, we set out to study the following research question: 

In addition, if such cross-parliamentary control exists we ask: 

To answer these questions, we study a newly collected dataset consisting of parliamentary questions posed by North Atlantic members of the Danish parliament to Danish ministers in a period of 15-years (2005-2020). As the literature quite concordantly states that mostly parliamentarians in opposition make use of tools for control, we exclusively study the questions posed by North Atlantic MPs who represent political parties that are in opposition at home(N=869). As such, our data is selected from the premise that it is within this data, we are most likely to find examples of cross-parliamentary control.  

Importance of cross-parliamentary control

In providing a theoretical possibility for conducting cross-parliamentary control, the case of the Danish Realm is a seldom case – yet it is not unique. Hence, other parliaments – e.g. the French parliament as well as Westminster—may provide similar opportunities for members elected in districts with different levels of national self-government. 

The perspectives on cross-parliamentary control offered by the Danish case have importance beyond the similar cases: Empirically, it is not a new observation that the power of parliaments vs. the executive power is challenged due to processes of globalization, international collaboration, and specialization of the executive branch. Also, research shows that parliaments are finding ways to take back power (Raunio 2014; Martin & Vanberg 2011; Bergman & Strøm 2011: 14-16; Saalfeld 2000; Judge 1995, 8; Norton 1990, 3–4). Yet, the appliance of cross-parliamentary institutions for control as a means which strengthens parliamentary control of the government has not been an object of much scholarly consideration. Rather, instead of cross-parliamentary foci, scholars have studied ways in which international collaboration among parliaments remedy national parliaments’ loss of power. For example, the occurrence of this within international inter-parliamentary institutions (IPIs) has spurred much recent scholarly interest (Cofelice, 2018; Costa, 2016; Costa et al., 2013; Flockhart, 2004). In turn, scholars have stressed the importance of not overlooking the role played by national parliaments in international politics, diplomacy and sub-state units para diplomacy though this is normally thought of as an area of the executives (e.g. Ackrén 2014, Malamud and Stavridis 2011; Pintz 2019; Sabic 2008). Our study contributes to the field of legislative oversight by studying this phenomena from a perspective of multi-level governance rather than the conventional national –or the more recent—inter-parliamentary contexts. 

Results

Corresponding to our expectations, our analyses show that most of the questions posed by the North Atlantic members of the Danish parliament, who are in opposition at home, concern the actions or inactions of the Danish government. Nevertheless, 7.8 pct. of these questions concern the actions or inactions of the members’ home government. Hence, they enact cross-parliamentary control: either as direct control in the short run or as a more indirect, long-run control which create a sense of being potentially controlled from abroad (for this “long-run” sense of being potentially controlled we find inspiration in Bentham’s Panopticon as described by Foucault).  

Moreover, in line with our initial expectations, which are based on the former findings of Harder and West (Harder 2021; West 2019), we find that Greenlandic MPs make use of this possibility to a much larger extent than the Faroese members do. However, contrary to our expectations, it is the members from the parties that are most critical towards the Danish Realm, which makes the most use of the opportunity to gain information on the actions of their home-governments from the Danish Authorities. Especially, this tendency is particularly strong for Faroese members. We believe this to be a sign that partisan motives at home are more important to North Atlantic politicians in the Danish parliament than we initially expected them to be. 

Finally, and in line with our expectations, most of the questions posed are questions that ask for information regarding the actions or inactions of the government at home. Though we assume that these questions primarily have the effect of creating an awareness of potential control at home as well as providing MPs with concrete information, if picked up by the media at home, some of these questions will quite surely also have partisan effects at home. 

In conclusion, the theoretical possibility of cross-national control turns out to be used by the MPs elected in the North Atlantic peripheries. This type of control has not yet been described in the legislative literature. Moreover, it is not described as a possibility within the few formal institutions that guide the North Atlantic behavior within the Danish parliament (The Danish Constitution most notably). Nor does it seem to have been anticipated among the institutional designers when the North Atlantic representation in the Danish parliament was last adjusted (in the early 1950s). Nevertheless, through their practical representative behavior, North Atlantic MPs have innovated this tool to control their home government – a tool which may even be extra powerful because a foreign government is involved. 

Authors

Mette Marie Staehr Harder, senior lecturer in Political Science, Karlstad University, Sweden and visiting fellow at the Department of Law, University of Copenhagen, Denmark. mm.harder@jur.ku.dk 

Hallbera West, assistant professor in Political Science, University of the Faroes Islands and  program leader of West Nordic Studies. hallberaw@setur.fo

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The Speaker of the Lok Sabha: Performing and Consuming ‘Neutrality’ in the Indian Parliament

By Mouli Banerjee

The Indian Parliament has been in crisis for a while now. With record disruptions, protests that have broken out in the well of the House, regular walk-outs staged by Opposition Members of Parliament, and MPs of the governing coalition often disregarding the House’s Rules of Procedure, the democratic legitimacy of the Parliament of India has been increasingly fragile. How does such a parliament interact with and shape broader public discourse? And more importantly, what can the consumption of the parliamentary proceedings, and its iterations and reproductions outside the walls of the parliament tell us about the legitimacy of a parliament in such ostensibly turbulent times? I suggest that answering these questions requires looking at the parliament as a space, and the different elements and actors that bring it to life, through the lens of performance and performativity. To do that, in this piece, I link these broader questions to a particular figure in performance: the Speaker of the Lok Sabha, the elected Lower House of the Indian Parliament. 

The Parliament as Stage, the Speaker as Performer 

The interdisciplinary interfaces of politics and performance provide a fertile ground for this analysis, making it possible to study parliaments as stages, and meaning-making on such stages as a performative process (Crewe and Müller 2006; Crewe 2015; Spary, Armitage, and Johnson 2014;  Rai and Johnson 2014; Parkinson 2012). These processes have a crucial discursive value, creating normative definitions by repetition and reiteration (Rai 2010). But these performances also need to be staged strategically in order for meaning to not just be created but also be adequately consumed

This applies to the performance of all MPs and parties within the space of the Parliament. Here, however, I want to focus on the role of the Speaker of the Lok Sabha in particular, to understand the implications of embodied performances of that role (its generation and its consumption)  within the current Indian democracy. I suggest that the Speaker is a ‘figure in performance’ in more ways than other MPs. By taking on the role of the Speaker, an MP layers their parliamentary performance with an additional role: that of party-neutrality. What tensions emerge, then, between the purported party-neutral position of the Speaker and instances of party-favouritism in a fragile democracy?

The Contentious Neutrality of the Speaker in the Indian Parliament

The position of the Speaker in the Indian Parliament does not imply official neutrality. There is however an expectation of the Speaker’s neutrality, which follows from a slightly convoluted path of explanation. The Tenth Schedule of the Constitution of India, added only in 1985, enlists the “Provisions as to disqualification (of MPs) on ground of defection”. It allows Speakers and Deputy-Speakers of both houses of the Parliament as well as the Speakers and Chairpersons of the states’ Legislative Councils and Legislative Assemblies an exemption from disqualification from their political party on grounds of defection, while they hold the Speaker’s chair, if the voluntarily give up party membership while they hold the chair (even if they are to re-enter the party once they step down from the Speaker’s role) (Government of India 1985). This, compounded with the presiding authority inherently implied in the chair, has come to confer an expectation of neutrality from the Speaker, even as paradoxically the Speaker of the Lok Sabha must not just normally first be elected as an MP on a party ticket but must also in practice return to a party’s folds for re-election in the subsequent terms. There are also no provisions or privileges currently in place to incentivise party neutrality for the Speaker of the Lok Sabha, once they step down from the role. 

Instances of past Speakers of the Lok Sabha performing their expected neutrality have been a part of broader media conversations. Meira Kumar, the Lok Sabha Speaker from 2009 to 2014, stated in a national interview that much to the chagrin of her party (the then-ruling Indian National Congress) she refused to clamp down on protests by Opposition MPs inside the House because they are representatives who must be allowed dissent (NDTV 2012). Before her, Communist Party of India (Marxist)’s Somnath Chatterjee famously faced expulsion and wrath from his party for refusing to vote on the party line and citing his duty to party-neutrality as the Speaker as his grounds for defying party diktat (Bagchi, Suvojit 2018). The Speaker of the last Lok Sabha, who has captured much recent attention,  Sumitra Mahajan of the Bharatiya Janata Party (BJP), had to apologise in Parliament and expunge her own words from the transcript of a parliamentary debate, after protests from Opposition MPs erupted post her party-biased statements from the Speaker’s chair (NDTV2015).

The figure of the Speaker in performance, especially in the performance of this neutrality, thus is clearly politically charged. Much of the mainstream debate on the Speaker’s neutrality takes on a normative tone, i.e. it is framed in terms of whether or not, and to what extent, the Speaker can justly be party-neutral. Employing the lens of performance-performativity instead allows us to step outside this normative reading, and locate the ways in which these claims of neutrality function as a potent tool not only to signal a balanced parliamentary discourse inside the House but to also allow a discursively charged transmission of these embodied performances outside of its walls and into public discourse. 

The Parliament as a ‘Videosphere’

The witnessing of the performance is key to its existing. I borrow here from critical legal perspectives wherein when the courts transformed people from spectators of justice into witnesses and participatory audiences (Resnik and Curtis 2011, 295), part-taking in the physical space/stage of the courtroom where the theatricality of legal discourse-making plays out (Goodrich and Hayaert 2015). This can be extended to the parliament as well – parliaments are screened and transmitted, creating legislative “videospheres” (Goodrich Cf. Peters 2014, 48) where meanings multiply, destabilize and evolve. 

As parliamentary proceedings in India are transmitted and consumed, on television and online, not just via official governmental channels but as material for proliferating news media, how do the Speaker’s performances multiply and proliferate? With every new ‘reproduction’ of the performance beyond original parliamentary proceeding, the performance of neutrality becomes further distanced from the Speaker themselves, and take on an instrumentalised life of their own. This opens up multiple possible avenues of analysis and of future research. I have selected here some examples from video clips of parliamentary debates available on the internet to illustrate my argument.

Which videoclips of the Speaker’s performances, then, do particular media channels choose to instrumentalise, and how do they narrativise them? Some examples from Sumitra Mahajan’s time as the Speaker (form 2014 to 2019) provide us with an entry point to these questions. Hailing from BJP, the right-wing party in power currently at the Centre for its second consecutive term, Mahajan, with a long, successful political career, has been widely popular by her nickname ‘Tai’ (an endearing term for ‘elder sister’ in Marathi) in the Parliament, press, as well as in online conversations on her  interjections in the Lok Sabha (The Indian Express 2014). While the Parliament’s official channel, Sansad TV, maintains neutral thumbnails of Mahajan, it is worth contrasting this with the discursive framing by media channels sympathetic to the ruling party – BJP’s own official YouTube channel as well as the channels of India’s dominant right-wing news media. BJP’s YouTube channel has captioned videos of the Speaker, for example, with “Smt. Sumitra Mahajan strongly censures opposition parties for their irresponsible obstructionism”(Bharatiya Janata Party 2018). Again, telecasting a particularly polarised interaction between Rahul Gandhi, the president of the Indian National Congress (a key Opposition party), and Narendra Modi (India’s current Prime Minister), Republic World, one of India’s leading right-leaning news channels, for example, captioned their video – “Speaker Sumitra Mahajan Criticises Rahul Gandhi’s Behaviour In Lok Sabha” – with a thumbnail that showed a panel of a winking Rahul Gandhi placed next to a panel of a displeased Sumitra Mahajan (Republic World 2018). Another more polarising right-wing channel captioned the same video “Rahul Gandhi COMEDY with Lok Sabha Speaker Sumitra Mahajan” (News Hour India 2019), while the more mainstream national news channel, India Today, reported this debate with the caption “Speaker Sumitra Mahajan Sparks Row For Mocking Rahul Gandhi”(India Today 2019). Most of the polarised video transmissions of Mahajan’s speeches carry thumbnails of her pointing fingers at someone or gesturing to ask for explanations, next to visuals of Opposition MPs with serious faces or downcast eyes. The captions repeatedly use narrative versions of a ‘scolding’ in action.

Performing Rebuke

Of course, all parliamentary performances are open to discursive instrumentalisation by political parties, so what makes these transmissions of the Speaker’s interventions in the parliamentary videospheres different? I would argue that this assumption of neutrality allows the conceptualisation of a framework of “rebukes” to the Opposition, which is operationalised when the parliamentary performance and its visual dissemination come together. It is also relevant that two of the last three Lok Sabha Speakers have been women, and the gendered aspect of the rebuke and its embodied visuals also contributes to the overall performance of neutrality and the authority derived from it. There is much to be mapped out in order to analyse the full implications of these performances of neutrality (and rebuke) and how they are narrativized by parties in power, but this piece has hopefully laid some initial groundwork in the direction of scoping out the ways in which parliamentary discourse proliferates through the videospheres of a rapidly weaking parliamentary democracy. 

Mouli Banerjee is a PhD Candidate at the Department of Politics and International Studies, University of Warwick. 

References:

Bagchi, Suvojit. 2018. ‘Somnath Chatterjee (1929–2018) : Remembering the “Gentleman” of Indian Politics | Economic and Political Weekly’ 53 (37). https://www.epw.in/journal/2018/37/commentary/somnath-chatterjee-1929%E2%80%932018.html.

Bharatiya Janata Party. 2018. Smt. Sumitra Mahajan Strongly Censures Opposition Parties for Their Irresponsible Obstructionism. https://www.youtube.com/watch?v=xT4fcWBIu5Q.

Crewe, Emma. 2015. Commons and Lords : A Short Anthropology of Parliament. London, UNITED KINGDOM: Haus Publishing.

Crewe, Emma, and M G Müller. 2006. Rituals in ParliamentsFrankfurt/Main: Lang.

Goodrich, Peter, and Valérie Hayaert. 2015. Genealogies of Legal VisionGenealogies of Legal Vision. London: Routledge/Taylor & Francis Group. https://doi.org/10.4324/9781315774268.

Government of India. 1985. The Constitution (Fifty-Second Amendment) Act. https://www.india.gov.in/my-government/constitution-india/amendments/constitution-india-fifty-second-amendment-act-1985.

India Today. 2019. Speaker Sumitra Mahajan Sparks Row For Mocking Rahul Gandhi. https://www.youtube.com/watch?v=UUMA7ig0Hg4.

NDTV. 2012. Won’t Act against Unruly MPs: Speaker Meira Kumar to NDTV. https://www.youtube.com/watch?v=J7ZHZik6UDQ.

———. 2015. ‘Lok Sabha Speaker Expunges Her Own Remarks After Congress Protests’, 2015. https://www.ndtv.com/india-news/lok-sabha-speaker-expunges-her-own-remarks-after-congress-protests-1258172.

News Hour India. 2019. Rahul Gandhi COMEDY with Lok Sabha Speaker Sumitra Mahajan. https://www.youtube.com/watch?v=PDTnIZdn2p0.

Parkinson, John R. 2012. Democracy and Public Space. Oxford University Press. https://doi.org/10.1093/acprof:osobl/9780199214563.001.0001.

Peters, Julie Stone. 2014. ‘Theatrocracy Unwired: Legal Performance in the Modern Mediasphere’. Law & Literature 26 (1): 31–64. https://doi.org/10.1080/1535685X.2014.888200.

Rai, Shirin. 2010. ‘Analysing Ceremony and Ritual in Parliament’. The Journal of Legislative Studies 16 (3): 284–97. https://doi.org/10.1080/13572334.2010.498098.

Rai, Shirin M., and Rachel E. Johnson, eds. 2014. Democracy in Practice. London: Palgrave Macmillan UK. https://doi.org/10.1057/9781137361912.

Republic World. 2018. Speaker Sumitra Mahajan Criticises Rahul Gandhi’s Behaviour In Lok Sabha | #ModiTrustVote. https://www.youtube.com/watch?v=O21njBl7MqU.

Resnik, Judith, and Dennis Curtis. 2011. Representing Justice Invention, Controversy, and Rights in City-States and Democratic Courtrooms. Yale University Press.

Spary, Carole, Faith Armitage, and Rachel E. Johnson. 2014. ‘Disrupting Deliberation? Comparing Repertoires of Parliamentary Representation in India, the UK and South Africa’. In Democracy in Practice : Ceremony and Ritual in Parliament, edited by Shirin Rai and Rachel Johnson. Palgrave Macmillan UK.

The Indian Express. 2014. ‘Soft-Spoken Speaker Sumitra “Tai” Is a Battle Hardened MP’, 2014. https://indianexpress.com/article/india/politics/soft-spoken-speaker-sumitra-tai-is-a-battle-hardened-mp/.